Opinion
E072395
02-14-2020
THE PEOPLE, Plaintiff and Respondent, v. HECTOR JOSEPH HOLGUIN, Defendant and Appellant.
Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. (Super.Ct.No. INF1801819) OPINION APPEAL from the Superior Court of Riverside County. Becky Dugan, Judge. Affirmed. Edward Mahler, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.
Defendant and appellant Hector Joseph Holguin was charged by felony complaint with forgery (Pen. Code, § 470, subd. (b), count 1) and obtaining and using the personal identifying information of another person (§ 530.5, count 2). Pursuant to a plea agreement, he pled guilty to count 1 as a felony. The minute order reflects that the factual basis of the plea was "based on [an] oral statement from Defendant on the record." Defendant admitted that on August 15, 2018, he willfully and unlawfully forged the handwriting of someone else with the intent to defraud, as alleged in count 1. Pursuant to the terms of the agreement, the court suspended imposition of sentence and placed him on formal probation for three years, on specified terms, and dismissed count 2. Defendant subsequently filed a petition pursuant to section 1170.18, which the court denied. He filed a notice of appeal, in propria persona, alleging that he was appealing from an order after judgment affecting his substantial rights. He did not file a request for certificate of probable cause. We affirm.
All further statutory references will be the Penal Code, unless otherwise noted.
PROCEDURAL BACKGROUND
On October 4, 2018, defendant entered a plea agreement and pled guilty to one count of forgery, a felony. (§ 470, subd. (b).) The court placed him on formal probation for a period of three years, in accordance with the agreement.
On or about February 11, 2019, defendant filed a petition for resentencing, pursuant to Proposition 47. (§ 1170.18.) "Proposition 47 makes certain drug- and theft-related offenses misdemeanors, unless the offenses were committed by certain ineligible defendants. These offenses had previously been designated as either felonies or wobblers (crimes that can be punished as either felonies or misdemeanors)." (People v. Rivera (2015) 233 Cal.App.4th 1085, 1091.)
The People filed a response, alleging that defendant was not entitled to relief because he failed to meet his burden. On February 22, 2019, the court denied the petition, finding that forging the handwriting of another under section 470, subdivision (b), was not a qualifying offense.
The record on appeal does not contain a copy of defendant's Proposition 47 petition but does contain a copy of the People's response to his petition. --------
DISCUSSION
Defendant appealed and, upon his request, this court appointed counsel to represent him. Counsel has filed a brief under the authority of People v. Wende (1979) 25 Cal.3d 436, and Anders v. California (1967) 386 U.S. 738, setting forth a statement of the case and no potential arguable issues. Counsel has also requested this court to undertake a review of the entire record.
We offered defendant an opportunity to file a personal supplemental brief, which he has not done.
Pursuant to the mandate of People v. Kelly (2006) 40 Cal.4th 106, we have independently reviewed the record for potential error and find no arguable issues.
DISPOSITION
The judgment is affirmed.
McKINSTER
J. We concur: RAMIREZ
P. J. MENETREZ
J.